1st DUI offense

[sub_man_blue]

Hello all, I recently got a DUI while driving on the freeway in CA (much past midnight). I was doing 100mph, but was not swerving; driving completely normal and straight. Furthermore, I passed all field sobriety tests, was cooperative with the officers, but blew a .09 something. When I got to the station, I blew a .08. Lastly, I am over 21 and have never had anything like this ever happen in my life.

Honestly, I feel completely and utterly stupid, but I have to learn from my mistakes and never make them again. However, I wanted to get an idea of what I am facing? I do have a lawyer who is looking into this.

All comments/suggestions are welcome; thanks.

 

[CdwJava]

Hello all, I recently got a DUI while driving on the freeway in CA (much past midnight). I was doing 100mph, but was not swerving; driving completely normal and straight. Furthermore, I passed all field sobriety tests, was cooperative with the officers, but blew a .09 something. When I got to the station, I blew a .08. Lastly, I am over 21 and have never had anything like this ever happen in my life.

Honestly, I feel completely and utterly stupid, but I have to learn from my mistakes and never make them again. However, I wanted to get an idea of what I am facing? I do have a lawyer who is looking into this.

All comments/suggestions are welcome; thanks.

Here are the possibilities ...

First California DUI Offense:

California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 48 hours, but not more than 6 months.

California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device: Court may order use of interlock device. Effective July 1, 2010, California will begin testing a pilot program requiring mandatory installation ignition interlock devices for those arrested for drunk driving in Los Angeles, Tulare, Alameda and Sacramento Counties. If the pilot program is successful, the program may be expanded to the rest of the state.


Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation: 3 years informal – no probation officer.

Community Service: In some courts, you may work off some of your fees/costs by doing community service.​

 

[FlyingRon]

Everybody seems to think they pass the FSTs.
Doing 100MPH isn't necessarily the sign of someone that's not impaired.

CDW has posted the penalties.
You need a lawyer, but I don't give you much hope. You were prima facie intoxicated and the egregious speed is plenty of probable cause.

 

[CdwJava]

First clue that someone did not "pass" the FSTs ... they were placed under arrest.

 

[brooks1118]

Hi all, I received a DUI back in April of 2009 and I wasn't even drinking. I was on prescription medications, but had not taken them for more than 12 hours before the stop occurred. Basically what happened was I drove to NC from GA to help my sister move back to GA and then unloaded all of her stuff. I was carrying a 50lb table by myself and when i stepped inside the front door a piece of plaster fell from the ceiling and hit me in the head and the table fell on my foot and I was knocked out. I had a head injury and foot injury which I have pictures of. The trooper proceeded to do a field sobriety test on me and said I failed the HGN test which is the test they do with your eyes and make you follow a pen or light. I wasn't able to follow it because I have a natural nystagmus in both eyes and am unable to perform that test. I had my eye doctor testify in my pre-trial hearing last week, but the judge still would not dismiss the case. I am also legally blind in my right eye and cannot follow objects with that eye, so the trooper assumed I was under the influence of DUI-prescription drugs. He also did the nine step walk and turn and of course I lost balance because my foot was hurt. He clearly saw the bandage on my head and I told him about my foot, but didn't care. He then done the one leg stand and made me stand on the foot that was hurt and of course I could not keep my balance because my foot was hurting really bad. He then done a breath test which came out as .000. He then proceeded to arrest me and took me to jail. I hired an attorney and this has been going on for more than 2 years. I was unemployed when I got the dui and to date I still have not been able to find a job anywhere. Does anyone know where I could possibly get a job with a pending DUI charge. It does not show up on my criminal record or driving record, it just shows up on my arrest record. I have not been convicted of the DUI yet.

I need help bad. I have basically been living off of my parents. I lost my vehicle and my business and have applied to more than 500 companies and have been turned down by all of them because of the DUI. I have no other criminal record and never been arrested for anything prior to this incident. I can't get unemployment or anything, I just don't know what to do anymore. I'm about ready to just give up. I am a very well educated individual with a lot of experience in several fields and I have tried to apply to a lot of different types of companies, but no luck.

Any advice would be greatly appreciated. Thanks.

 

[CdwJava]

Hi all, I received a DUI back in April of 2009 and I wasn't even drinking. I was on prescription medications, but had not taken them for more than 12 hours before the stop occurred.

One can violate the law by being impaired on their prescription medications.

Basically what happened was I drove to NC from GA to help my sister move back to GA and then unloaded all of her stuff. I was carrying a 50lb table by myself and when i stepped inside the front door a piece of plaster fell from the ceiling and hit me in the head and the table fell on my foot and I was knocked out. I had a head injury and foot injury which I have pictures of.

So, you are saying that you had suffered a concussion? If so, then why on Earth were you driving?

The trooper proceeded to do a field sobriety test on me and said I failed the HGN test which is the test they do with your eyes and make you follow a pen or light. I wasn't able to follow it because I have a natural nystagmus in both eyes and am unable to perform that test. I had my eye doctor testify in my pre-trial hearing last week, but the judge still would not dismiss the case.

Probably because the state has more than just the HGN to use to try and establish impairment.

And how is it that this going to court nearly 2 years after the arrest?

He then done the one leg stand and made me stand on the foot that was hurt and of course I could not keep my balance because my foot was hurting really bad.

That's odd, since the training in the SFSTs tends to have the officer ask the suspect to use whatever foot he or she pleases. But, okay.

He then done a breath test which came out as .000. He then proceeded to arrest me and took me to jail.

That is because he suspected drugs.

Did you take a urine test or a blood test? If so, what were the results of that test? If not, then that's likely going to help you.

Not much that anyone can advise you except to say that you need to listen to your attorney.

Oh! And it is considered bad form to jump on to someone else's thread. Please, if you wish to take this any further, start your own thread. Thanks.

 

[NinpoWarrior]

1st DUI offense (sub-post by brooks1118)

I may be new to this forun but I agree with the So Cal officer, its just plain rude to post on top of someone else's question! I also don't think anyone else is going to give you any answer or opinion until you play nice and post your own thread like the rest of us do!